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Judge orders girl added to adult lung transplant list
NBC ^ | 6/5/13 | JoNel Aleccia

Posted on 06/05/2013 2:34:10 PM PDT by blueyon

Edited on 06/05/2013 2:46:14 PM PDT by Admin Moderator. [history]

A federal judge on Wednesday ordered the U.S. Health and Human Services Secretary to suspend existing organ allocation rules to give a 10-year-old Pennsylvania girl a better chance at a life-saving lung transplant.

U.S. District Court Judge Michael Baylson told Kathleen Sebelius to direct the Organ Procurement and Transplantation Network, or OPTN, to make an exception to the so-called "Under-12" rule as it applies to Sarah Murnaghan, who has end-stage cystic fibrosis, for at least 10 days, until a hearing on June 14. That move means that the girl can be considered more quickly for organs as an adult, instead of being limited to the pediatric transplant list. 

The ruling, which grants a temporary restraining order, applies only to Sarah, although Baylson indicated that he would consider a similar move for another child in Sarah's circumstances, if a family presented the case in court. 

Excerpt


TOPICS: Breaking News; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: govtabuse; healthcare; hhs; insurance; kathleensebelius; lawsuit; lung; obama; obamacare; pennsylvania; ruling; sarahmurnaghan; sebelius
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YES!!!!!!!
1 posted on 06/05/2013 2:34:10 PM PDT by blueyon
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To: blueyon

thank God.


2 posted on 06/05/2013 2:35:01 PM PDT by dadfly
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To: blueyon

I believe this to be a more proper course than lobbing politicians.


3 posted on 06/05/2013 2:36:05 PM PDT by taxcontrol
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To: dadfly

Prayers for this child going up.


4 posted on 06/05/2013 2:36:05 PM PDT by basil (basil --Second Amendment Sisters.org)
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To: blueyon

Who’s the judge? Good move!
F0X covering after break!


5 posted on 06/05/2013 2:36:31 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then!)
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To: blueyon

Dear God now may she please find a lung available for transplant, Amen


6 posted on 06/05/2013 2:37:15 PM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: blueyon

Finally someone with some damn sense. This is what’s coming our way folks, everytime we need a procedure we’re going to have to have a damn judge overrule sebelius and her gang. Better start judge hunting now.


7 posted on 06/05/2013 2:37:17 PM PDT by rockabyebaby (We are sooooooooooooooooooooooooooooooooo screwed!)
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To: blueyon

Will the administration appeal?


8 posted on 06/05/2013 2:37:31 PM PDT by NonValueAdded (Unindicted Co-conspirators: The Mainstream Media)
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To: hoosiermama

My question is, who is going to die instead of this girl, if she gets their lung?


9 posted on 06/05/2013 2:37:37 PM PDT by 2harddrive
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To: hoosiermama; maggief; Nachum; penelopesire; SE Mom; onyx; MinuteGal

Answered prayers!


10 posted on 06/05/2013 2:39:06 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then!)
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To: 2harddrive

“My question is, who is going to die instead of this girl, if she gets their lung?”

That is a great question as I do not wish anyone to have to die, do you know if someone can donate 1 lung (and keep living)?


11 posted on 06/05/2013 2:39:08 PM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: blueyon
Dear God now may she please find a lung available for transplant, Amen

Local radio guy this morning was talking about this and apparently there is an adult lung available for her, the docs just need to adjust it to her body size and she'll be good to go. Damn shame she had to go through all this nonsense.

12 posted on 06/05/2013 2:39:27 PM PDT by rockabyebaby (We are sooooooooooooooooooooooooooooooooo screwed!)
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To: blueyon

Except she’s too small to accept adult sized lungs. Still, a slim chance of finding an appropriate sized lung is much better than a zero chance off the list.


13 posted on 06/05/2013 2:39:28 PM PDT by bgill (The problem is...no one is watching the Watch List!)
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To: basil

Prayers for this child going up.
_________

Praying with you.

My heart was breaking for this family.


14 posted on 06/05/2013 2:39:44 PM PDT by pax_et_bonum (Never Forget the Seals of Extortion 17 - and God Bless America)
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To: 2harddrive

See post #12


15 posted on 06/05/2013 2:40:25 PM PDT by rockabyebaby (We are sooooooooooooooooooooooooooooooooo screwed!)
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To: bgill

Her doctor recommended that she be added to the adult list.


16 posted on 06/05/2013 2:41:03 PM PDT by pax_et_bonum (Never Forget the Seals of Extortion 17 - and God Bless America)
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To: blueyon

JUDGE MICHAEL A. BAYLSON - a GEORGE W. BUSH appointee!!! Originally appointed to a lower court by President Reagan.


17 posted on 06/05/2013 2:41:37 PM PDT by EDINVA
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To: rockabyebaby

Local radio guy this morning was talking about this and apparently there is an adult lung available for her, the docs just need to adjust it to her body size and she’ll be good to go. Damn shame she had to go through all this nonsense.
________

Wonderful! Thanks for posting!


18 posted on 06/05/2013 2:42:03 PM PDT by pax_et_bonum (Never Forget the Seals of Extortion 17 - and God Bless America)
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To: bgill

I know that I was at my full height and “young adult” weight when I was 10. (Not my “older adult” weight, but that is another story.)


19 posted on 06/05/2013 2:42:38 PM PDT by NEMDF
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To: blueyon

This judge will be hearing from the IRS.


20 posted on 06/05/2013 2:46:15 PM PDT by SpaceBar
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To: taxcontrol

Lobbing politicians is the best answer. Lob the bastards clear out of the country........


21 posted on 06/05/2013 2:46:45 PM PDT by Red Badger (Want to be surprised? Google your own name......Want to have fun? Google your friend's names........)
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To: EDINVA
Excellent!

Judge Baylson certainly has more common sense and compassion than Sebelius.

22 posted on 06/05/2013 2:46:54 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: 2harddrive
My question is, who is going to die instead of this girl, if she gets their lung?

My impression is that there are more adult lungs than child lungs available for transplant, which is why they wanted her to get an adult lung.

23 posted on 06/05/2013 2:47:02 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: STJPII; HiTech RedNeck; Ronaldus Magnus; longfellowsmuse

fyi


24 posted on 06/05/2013 2:47:44 PM PDT by Errant
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To: blueyon
Wow, the fact that this is even an issue that the Government and the Courts are involved with is truly chilling to the bone.

The ruling, which grants a temporary restraining order, applies only to Sarah, although Baylson indicated that he would consider a similar move for another child in Sarah's circumstances, if a family presented the case in court.

Breathtaking...

25 posted on 06/05/2013 2:47:51 PM PDT by Las Vegas Ron (The government rejects the natural law because it is an obstacle to its control over us.)
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To: NonValueAdded

Probably not. But their intended purpose has been served. And that is sowing a seed into our collective minds that it is good and right for the federal government to decide who lives and who dies. This was a teaching moment.

The next time this happens the public will have shifted a tiny bit towards the left’s ideology. It will drip, drip, drip until they achieve their aim. Perhaps the people will be repulsed and reject the premise, perhaps not.


26 posted on 06/05/2013 2:48:02 PM PDT by Truth is a Weapon (Truth, it hurts so good.)
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To: taxcontrol
I don't know. I think lobbing some politicians would be good. It's the lobbying that doesn't always work.

lob (l b) v. lobbed, lob·bing, lobs. v.tr. To hit, throw, or propel in a high arc

27 posted on 06/05/2013 2:48:23 PM PDT by Waryone (Trust the Lord not your own understanding. Acknowledge Him. He will direct your path.)
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To: hoosiermama
Who’s the judge? Good move!

http://en.wikipedia.org/wiki/Michael_M._Baylson

28 posted on 06/05/2013 2:48:34 PM PDT by library user
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To: dadfly

Thank God?

NO, curse and destroy this despotic gubmint.


29 posted on 06/05/2013 2:49:00 PM PDT by Las Vegas Ron (The government rejects the natural law because it is an obstacle to its control over us.)
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To: blueyon
We are now entering the brave new world where politicians and judges determine who will live and who will not. Obamacare, indeed. I'm happy for the little girl but this is nothing to celebrate.

Everyone thrilled with the decision has implicitly accepted the new order.

30 posted on 06/05/2013 2:50:11 PM PDT by BfloGuy (Don't try to explain yourself to liberals; you're not the jackass-whisperer.)
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To: NEMDF
I know that I was at my full height and “young adult” weight when I was 10. (Not my “older adult” weight, but that is another story.)

There are a number of physically-small adults whose organs could fit a large child. Having a inviolable bureaucratic rule is counter-productive. If the docs think a match is viable, it should be up to the docs.

31 posted on 06/05/2013 2:50:11 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: blueyon

Can you imagine how this will play out day after day and time after time under Obamacare and with the ‘death panels’? God save the Republic!


32 posted on 06/05/2013 2:51:04 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Errant

Thank God.


33 posted on 06/05/2013 2:51:30 PM PDT by STJPII
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To: blueyon

THANKS BE TO GOD!!!!


34 posted on 06/05/2013 2:53:17 PM PDT by Biggirl ("Jesus talked to us as individuals"-Jim Vicevich/Thanks JimV!)
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To: Biggirl

Good to know there is still common sense in our Nation!


35 posted on 06/05/2013 2:54:26 PM PDT by Conserev1 ("Still Clinging to my Bible and my Weapon")
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To: 2harddrive

Someone isn’t killed for her to get a lung.
Some one may even donate a lung of their’s or a person who has died may be the donor.


36 posted on 06/05/2013 2:55:04 PM PDT by svcw (If you are dead when your heart stops, why aren't you alive when it starts.)
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To: blueyon

Ditto x 1000


37 posted on 06/05/2013 2:56:32 PM PDT by JaguarXKE (1973: Reporters investigate All the President's Men. 2013: Reporters ARE all the President's men)
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To: 2harddrive

>> My question is, who is going to die instead of this girl, if she gets their lung?

Given your unique ability to predict the timing and availability of organ/donee pairing, maybe you should tell us who will be denied.

Would you prefer the required age be raised to 16? Hell, make it 80, so no “legal” patient goes without.


38 posted on 06/05/2013 2:58:54 PM PDT by Gene Eric (Don't be a statist!)
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To: BfloGuy

Was all this triggered by ObamaCare? I don’t think so. They have had these transplant rules in place for years. This would have come up without ObamaCare. It does indicate what we have to look forward and more and more life and death decisions are decided by the govt and judges.


39 posted on 06/05/2013 2:59:31 PM PDT by plain talk
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To: blueyon

This is a bad result. I don’t mean to sound cruel or heartless but this girl got a lung because her parents generated a lot of publicity and a political decision was made based on a sympathy factor. Now we have Obamacare, where politicians will be more involved in these decisions. The idea that someone gets life-saving treatment at the expense of someone else, who may die as a result, because that person is cute or sympathetic or in the right politically correct group is chilling.


40 posted on 06/05/2013 3:00:35 PM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: Las Vegas Ron

In this case, the Courts emasculated tyranny.


41 posted on 06/05/2013 3:01:09 PM PDT by Gene Eric (Don't be a statist!)
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To: Opinionated Blowhard

>> someone gets life-saving treatment at the expense of someone else

Didn’t know FR was blessed with so many soothsayers.


42 posted on 06/05/2013 3:03:00 PM PDT by Gene Eric (Don't be a statist!)
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To: blueyon

“Dear God now may she please find a lung available for transplant, Amen”

Now here’s a place that prayer’s should be from every decent person in the country,


43 posted on 06/05/2013 3:03:07 PM PDT by vette6387
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To: STJPII

I don’t know if this just opens up a whole new can of worms. According to the article, this ruling pertains to Sarah only. What about the thousands of other people waiting for lungs? They have heartwrenching stories too. I also suffer from Cystic Fibrosis and I am happy for her and her parents but feel bad for the others.


44 posted on 06/05/2013 3:03:27 PM PDT by the-gooroo
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To: blueyon

Sebellius is a political vampire.


45 posted on 06/05/2013 3:05:47 PM PDT by ZULU ((See: http://gatesofvienna.net/))
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To: blueyon

I hope this stands and that witch Sebelius doesn’t try to appeal.


46 posted on 06/05/2013 3:06:46 PM PDT by RedMDer (You are Free Republic. There are no outside influences. Just us, all of us. Please donate today!)
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To: rockabyebaby
Amen! Common sense is completely lacking in the democrat party and by the people who administer Obamacare. Somebody better get the financial end of that fiasco out of the hands of the IRS quickly. Competency, ethics and moral behavior are completely lacking by Obama's appointees and Obama himself for appointing them.

Whoever this judge is, commendations to him or her for doing the right thing. May Kathleen Sebelius' own family receive the same treatment (or lack of it) that she overlords upon others in control of life and death.

47 posted on 06/05/2013 3:07:50 PM PDT by MamaDearest
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To: RedMDer

If Sebelius appealed, I daresay that would warrant making sure she never gets a good night’s sleep again.


48 posted on 06/05/2013 3:09:25 PM PDT by Windcatcher (Obama is a COMMUNIST and the MSM is his armband-wearing propaganda machine.)
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To: svcw

I was not implying someone would be killed to harvest their lung: What I meant was, what other would-be lung donation RECIPIENT will now be denied, since the girl will now get the lung they would have gotten?


49 posted on 06/05/2013 3:11:20 PM PDT by 2harddrive
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To: Errant

I think this is great news:) The judge has ordered a 10 day exception to the rules so that the policy can be reviewed... appropriate. My issue all along was asking a cabinet level appointee override the law based on media manipulation of national emotion. I wish this little girl a full recovery.


50 posted on 06/05/2013 3:11:24 PM PDT by longfellowsmuse (last of the living nomads)
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